Sec. 4. Combating transnational repression abroad
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Congress makes the following findings: Amidst a backdrop of global democratic decline, authoritarian governments are increasingly collaborating and employing aggressive tactics across borders to silence, coerce, harass, or harm individuals for peacefully exercising their rights and fundamental freedoms. Governments commit transnational repression through physical and digital means. The advancement of digital technology provides new tools for censoring, surveilling, harassing, and targeting individuals deemed to be threats across international borders.
This is particularly significant for dissidents and journalists forced abroad who rely on communications technology to amplify their messages and communicate with their professional and personal support networks. Since 2014, Freedom House has documented 854 direct physical incidents of transnational repression committed by 38 governments in 91 countries. Nonphysical acts of transnational repression are occurring even more frequently. The combined effect of these direct threats produces a chilling effect that compels countless more people to modify their behavior due to fear of transnational repression.
In 2023, the countries whose governments are committing the highest number of direct physical acts of transnational repression are China, Turkey, Tajikistan, Russia, and Egypt. Transnational repression is used by governments to target perceived critics, who may include human rights defenders, democracy activists, political opponents, members of diaspora groups, and the family members of such individuals. It is the policy of the United States— to regard transnational repression as a direct threat to the United States national interests of upholding and promoting democratic values and human rights; to address transnational repression, including by protecting targeted individuals and groups; to strengthen the actions of United States embassy and mission staff in countering transnational repression, including by— monitoring and documenting instances of transnational repression; conducting regular outreach with at-risk or affected populations to provide information regarding available resources without putting such people at further risk; and working with local and national law enforcement, as appropriate, to support victims of transnational repression; to develop policy and programmatic responses based on input from— vulnerable populations who are at risk of, or are experiencing, transnational repression; nongovernmental organizations working on issues of transnational repression; and the private sector; to provide training to relevant Federal personnel— to enhance their understanding of transnational repression; and to identify and combat threats of transnational repression; to strengthen documentation and monitoring by the United States Government of transnational repression in foreign countries and within international organizations; and to seek to hold perpetrators of transnational repression accountable, including through the use of targeted sanctions and visa restrictions.
Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the efforts of the United States Government to implement the policy objectives described in subsection (b). The report required under paragraph
(1)shall include— a detailed description and assessment of United States Government efforts to monitor, prevent, and respond to transnational repression abroad; a detailed accounting, disaggregated by country, of the most common tactics of transnational repression; instances of transnational repression occurring within international organizations; a list of countries perpetrating acts of transnational repression; a list of countries whose governments are known to frequently cooperate with other governments in committing transnational repression; a description of— efforts by personnel at United States embassies and missions to support victims of or those at risk of transnational repression; and resources provided to United States embassies and missions to support such efforts; and a strategy to strengthen interagency efforts and coordination to combat transnational repression, which shall include— a plan, developed in consultation with partner governments, civil society, the business community, and other entities, to promote respect for rule of law and human rights in surveillance technology use, which shall include— improving export licensing policy, including by applying additional scrutiny to export licensing applications for products exported to perpetrators; protecting personal digital data from being used for the purposes of transnational repression; establishing safeguards to prevent the misuse of surveillance technology, including elements such as appropriate legal protections, a prohibition on discrimination, oversight and accountability mechanisms, transparency on the applicable legal framework, limiting biometric tools for surveillance to what is lawful and appropriate, testing and evaluation, and training; working to ensure, as applicable, that such technologies are designed, developed, and deployed with safeguards to protect human rights (including privacy), consistent with the United Nations Guiding Principles on Business and Human Rights; public diplomacy efforts and plans for, including the use of the voice, vote, and influence of the United States at international organizations, to promote awareness of and oppose acts of transnational repression; a plan to develop or enhance global coalitions to monitor cases of transnational repression at international organizations and to strengthen alert mechanisms for key stakeholders worldwide; a description, as appropriate, of how the United States Government has previously provided, and will continue to provide, support to civil society organizations in foreign countries in which transnational repression occurs— to improve the documentation, investigation, and research of cases, trends, and tactics of transnational repression; and to promote accountability and transparency in government actions impacting victims of transnational repression; and a description of new or existing emergency assistance mechanisms, to aid at-risk groups, communities, and individuals in countries abroad in which transnational repression occurs. The report required under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. The Secretary of State, in coordination with the heads of other relevant Federal agencies, shall provide personnel of the Department of State and other relevant Federal agencies, whether serving in the United States or overseas, with training regarding— identifying physical and nonphysical threats of transnational repression; foreign governments that are most frequently involved in transnational repression; foreign governments that are known to frequently cooperate with other governments in committing transnational repression; digital surveillance and cyber tools commonly used in transnational repression; safe outreach methods for vulnerable populations at risk of transnational repression; and tools to respond to transnational repression threats, including relevant authorities which may be invoked. Section 708(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(a)(1) ) is amended— in subparagraph (C), by striking and at the end; in subparagraph (D), by striking the period at the end and inserting ; and ; and by adding at the end the following: for Foreign Service Officers and Presidential appointees, including chiefs of mission, in missions abroad who work on political, economic, public diplomacy, security, or development issues, a dedicated module of instruction on transnational repression (as such term is defined in section 3(3) of the International Freedom Protection Act ), including— how to recognize threats of transnational repression; an overview of relevant laws that can be invoked to combat such threats; and how to support individuals experiencing transnational repression. .
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Sec. 4
Combating transnational repression abroad
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